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CC 11-29-05 CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, November 29,2005 ROLL CALL At 5:05 p.m., Vice-Mayor Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. City Council members present: Vice-Mayor Richard Lowenthal, and Council members, Dolly Sandoval, and Kris Wang. Council members absent: Mayor Patrick Kwok, and Council member Sandra James. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6 regarding the evaluation of the City Manager. At 5:03 p.m. the City Council recessed to a closed session in Conference Room A, 10300 Torre A venue, Cupertino, to discuss this matter. At 7:35 Council reconvened in open session. The City Attorney announced that the City Council had taken no action, and would return to a closed session on the same matter once they had addressed item No.2 on the evening's agenda. PLEDGE OF ALLEGIANCE At 7:35 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. November 29, 2005 Cupertino City Council Page 2 ORAL COMMUNICATIONS Deborah Hill talked about speeding drivers, particularly near Rainbow Drive; how she had assisted a woman who was nearly struck by a car at Stevens Creek Blvd. and Torre Ave.; and a recent hit-and-run accident, which resulted in the death of a pedestrian near DeAnza College. She suggested increased patrols be instituted. NEW BUSINESS 2. Reconsideration Hearing on the decision of the City Council to deny the appeal of the Planning Commission's approval of Application No. TM-2004-0S, California Water Service. The City Clerk announced that City Council members had been given a rebuttal letter from Cathy Helgerson. It was dated November 27,2005, and included attachments. Public Works Director Ralph Qualls highlighted a PowerPoint slide show illustrating the qualifications and procedures for a reconsideration, and reviewed the summary of findings on review of the petition filed by Cathy Helgerson. Qualls recommended that the City Council deny the petition for reconsideration and approve the final map on the Greenleaf subdivision that is scheduled for December 6, 2005. Cathy Helgerson referred to the lab report and asked for clarification about which well was tested. Qualls explained that the map with the lab report was in error, that the lab report itself refers to the Greenleaf subdivision, and that the applicant and the water company had been very specific that it was the east end well that was tested. Helgerson said there had been other errors that caused confusion and she now feels she couldn't trust the City's credibility. She said that she believes there is contamination in the water well, and that the City should wait for review by the Bay Area Air Quality District and the Environmental Protection Agency before giving approval for the builder to proceed. She said the City Council should consider the repercussions that may happen if building begins and a contamination problem is verified. Qualls noted that a corrected map has already been requested. Deborah Hill said she felt that the City's water supply was safe and no contamination was present. The public hearing was closed at 8: 15 p.m. November 29,2005 Cupertino City Council Page 3 LowenthallJames moved to adopt Resolution No. 05-196 denying the petition of Cathy and Dale Helgerson to seek Council reconsideration of approval of a tentative map (TM- 2004-05) for subdivision of lands owned by California Water Service (APN 326-33-107) located on Greenleaf Drive, Cupertino. The motion carried unanimously and the petition was denied. RECESS At 8:25 p.m., Council recessed to closed session to continue discussion regarding the evaluation of the City Manager. At 9:15 p.m., Council reconvened in open session. The City Manager announced that the City Council had authorized the transfer of an amount equal to 3% of his salary to be placed into his deferred compensation account. This transfer was in recognition of excellent performance, and in recognition of the fact that he had not received an increase to his salary since July 15, 2002. ADJOURNMENT At 9: 15 p.m. the meeting was adjourned. Kimberly Smit , For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutesl City Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.